HomeMy WebLinkAbout20002671 RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT
DEVELOPMENT FINAL PLAN, S #554, FOR 351 RESIDENTIAL LOTS IN THE MIXED
USE DEVELOPMENT AREA - KENT CARLSON/IDAHO CREEK
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 7th day of March, 2001, at 10:00 a.m. for
the purpose of hearing the application of Kent Carlson, P.O. Box 247, Eastlake, Colorado
80614, requesting a Site Specific Development Plan and Planned Unit Development Final
Plan, S #554, for 351 Residential lots in the Mixed Use Development area, for a parcel of land
located on the following described real estate, to-wit:
NW1/4 NE1/4 of Section 10, Township 2 North, Range 68 West of
the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented at said hearing by Scott Carlson, and
WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of
such a Planned Unit Development Final Plan, and
WHEREAS, the Board of County Commissioners heard all the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Planning Commission, and, having been fully informed, finds that this request
shall be approved for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-7-3 of the Weld County Code.
2. The request is in conformance with Section 27-7-40.D of the Weld Code as
follows:
a. Section 27-7-40.D.2.a —The proposal is consistent with Chapters 19, 22,
23, 24 and 26 of this Code and any Intergovernmental Agreement in
effect influencing the Planned Unit Development.
1) No Coordinated Planning Agreements influence this site.
2) The Board of County Commissioners approved Change of
Zone #524 for a Planned Unit Development Change of Zone from
the A (Agricultural) Zone District to a PUD (Planned Unit
Development) Zone District for 364 residential units for this
property on October 6, 1999.
3) A.Policy 3, Chapter 26 of the Weld County Code, states, "the
conversion of agricultural land to residential, commercial, and
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industrial development will be discouraged when the subject site
is located outside of a municipality's Comprehensive Plan area,
Urban Growth Boundary Area or 1-25 Mixed Use Development
area and urban development nodes." This site is located within
the Mixed Use Development Area and is not influenced by a
municipal Urban Growth Boundary.
4) The Conditions of Approval ensure compliance with the Mixed
Use Development Plan.
b. Section 27-7-40.D.2.b -- The uses which would be allowed in the
proposed Planned Unit Development will conform with the Performance
Standards of the Planned Unit Development Zone District contained in
Article II of the County Code. At the time of the Change of Zone
application the applicants sought approval for a modification to the
performance standards to allow a reduction in the minimum lot size from
6,000 square feet to approximately 3,000 square feet and an overall
decrease in setbacks:
Front House = 10 feet
Front Garage = 18 feet
Rear House = 10 feet
Side House = 5 feet
The applicant has submitted evidence demonstrating that the design as
proposed will adhere to these modifications.
The Department of Planning Services met with the applicant to discuss
the safety concerns of residential structures located in close proximity
with oil and gas facilities. In April 2000, the Department of Planning
Services suggested that a 350-foot oil and gas buffer, consistent with the
R-5 Zone District, should be applied to this site. The applicants are
proposing a 250-foot buffer area with a landscape and bermed area.
The proposed Planned Unit Development is served by an internally-paved
road system. The proposed Planned Unit Development has been
designed to accommodate pedestrian circulation and travel. All streets in
the Planned Unit Development are proposed to be publically maintained.
When the school site is developed, a pedestrian signal will be required.
The developer shall escrow the costs of pedestrian signal.
Fifty percent of the site is proposed for common open space. Common
open space shall either be owned and maintained in perpetuity by the
Homeowners' Association or another not-for-profit agency or organization
qualified to hold a conservation easement with a demonstrated ability to
maintain the site in perpetuity. A ten-acre school site has been
designated for the St. Vrain School District. The open space area has
been designed as an open classroom and shall provide educational
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opportunities for the residents of the subdivision and the area. Amenities
shall be provided to ensure the successful use of this educational
component.
Tract N is defined as a "Tot Lot" with site amenities to be defined in the
Landscaping Plan. Additionally, other areas of trails have been designed
to accommodate pedestrian site circulation throughout the Subdivision
and the region. The trails have been designed of both hard and concrete
surfaces.
The overall design and compatibility of this site is consistent with, or
exceeds, the site design standards of adjoining existing residential uses.
The site is also contiguous with a commercial area and does share a
southern boundary with agricultural land. A portion of the site has
previously been mined.
c. Section 27-7-40.D.2.c—The uses which will be permitted will be
compatible with the existing or future development of the surrounding
area as permitted by the existing zoning, and with the future development
as projected by Chapter 22 of this Code or Master Plans of affected
municipalities. This property is located within the Mixed Use Development
area and is not located in the Comprehensive Plan area of an affected
municipality. The overall proposed densities are similar to mobile home
R-5 subdivisions, located throughout the County. The setbacks and lot
sizes of the parcels are generally smaller than those found in the R-5
Zone District. The Mixed Use Development Area has been designated to
encourage a mixture of residential housing options and the Planned Unit
Development process affords the opportunity to deviate from established
Performance Standards.
d. Section 27-7-40.D.2.d —Adequate water and sewer service will be made
available to the site to serve the uses permitted within the proposed
Planned Unit Development in compliance with the Performance
Standards in Article II of this Chapter. The applicant has provided a tap
commitment water letter which has been reviewed and approved by the
Weld County Attorney's Office. Sanitary sewer for the site is provided by
the St. Vrain Sanitation District.
e. Section 27-7-40.D.2.e -- The street or highway facilities providing access
to the property are adequate in functional classification, width, and
structural capacity to meet the traffic requirements of the uses of the
proposed Planned Unit Development Zone District. Traffic impacts have
been reviewed and addressed with the proposal to construct appropriate
facilities. Fourteen percent (14%) of the cost of a traffic signal at Weld
County Road 7.5 and State Highway 119 shall be escrowed for
installation of that signal when warranted.
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f. Section 27-7-40.D.2.g -- There has been compliance with the applicable
requirements contained in Chapter 23 regarding overlay districts,
commercial mineral deposits, and soil conditions on the subject site. A
portion of this site is located within the Federal Emergency Management
Administration (FEMA) defined One Hundred (100) Year Flood Plain. On
February 12, 2001, the applicant received a Letter of Map
Amendment\Determination Documentation from FEMA asserting that the
property has been removed from the Special Flood Hazard Area;
however, local flood permits may be required.
The Weld County Sheriffs Office reviewed this case and suggested
several design standards which, according to a February 27, 2001, letter,
have been incorporated into the overall design of the site.
g. Section 27-7-40.D.2.h -- The Planned Unit Development Final Plan
conforms with the approved Change of Zone plat.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Kent Carlson/Idaho Creek for a Site Specific
Development Plan and Planned Unit Development Final Plan, S #554, for 351 Residential lots
in the Mixed Use Development area, on the above referenced parcel of land be, and hereby is,
granted subject to the following conditions:
1. Prior to Recording the Planned Unit Development Final Plat:
A. The applicant shall submit and receive approval from the Weld County
Attorney's office for the proposed covenants or other legal documents
pertaining to the maintenance and ownership of the open space. A
recorded copy of the approved covenants shall be provided to the
Department of Planning Services.
B. The applicant shall receive approval for the proposed Landscaping and
Site Amenities Plan. The plan shall meet the requirement of Section 27-
2-100 of the Weld County Code. The Landscaping Plan shall include site
amenities for the open space and park areas to include, but not limited to,
park benches, lighting, signage, fencing, and pathways/trails.
C. The Final Plat shall not be recorded until an Improvements Agreement or
contract has been entered into and received approval by the Board of
County Commissioners. Any such agreement or contract shall be made
in conformance with the Weld County Policy on Collateral for
Improvements.
D. The applicant shall provide evidence that all possible class three mineral
extraction has occurred on this site.
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E. The applicant shall provide evidence that the Weld County Department of
Public Works and the St. Vrain School District have agreed to the school
bus pick up location.
F. The applicant shall revise the open space agreement to show the future
owner of the 50 acres of defined open space parcel as the Homeowners'
Association or a nonprofit agency as previously defined. All other defined
open space falls under the responsibility of the Homeowners'
Association..
G. The applicant shall provide evidence that the signed agreement has been
reached between the applicant and HS Resources.
H. The applicant shall provide an electronic file of the Plats in Auto Cad
2000 version to the Department of Planning Services.
The applicant shall provide the construction plans for the utilities showing
the location of the fire hydrants, the size of water mains, and available fire
flows to the Fire District for review and approval. Spacing between
hydrants should not exceed 500 feet, and a hydrant located within 250
feet of the front of the property lines of all lots is required. A minimum fire
flow of 1,000 gallons per minute (g.p.m.), measured at a residual
pressure of 20 pounds per square inch (p.s.i.), is required for one and
two family dwellings not exceeding 3,600 gross square feet. Hydrants
shall be spaced no more than 300 feet apart in commercial portions of
subdivisions (the school site) and a minimum fire flow of 2,500 g.p.m., at
20 p.s.i., is required. The installation of fire hydrants, water mains, and
access roads is required to parallel construction and storage of
combustible materials on site.
J. The applicant shall provide the Fire District with an eight and one-half by
eleven inch map of the subdivision showing the street configuration,
street names, hydrant locations and addresses of the lots.
K. The applicant shall demonstrate that the proposed improvements at State
Highway 119 have been included in the plan and bonded.
L. Current plans submitted for Weld County Road 7.5 propose construction
of only two lanes of the ultimate roadway. If the Board of County
Commissioners decline to require the applicant build all four lanes of the
roadway, the Department of Public Works requires sufficient roadway
design to ensure the second of two lanes of the roadway plus the median
can be constructed.
M. The applicant shall receive approval from the Weld County Department of
Public Works for the revised Drainage Study which was submitted on
February 24, 2001.
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N. The plat shall include the following:
1) A redesign of the oil and gas buffer to be in conformance with a
250 foot oil and gas setback.
2) The intersection sight distance triangle shall be shown on the plat.
3) One designated school bus drop off and pick up area. This facility
shall be designed to provide an all-weather facility for the
students.
4) A Fencing Plan including, and not limited to, the Oil and Gas
Buffer area shall be reviewed and approved by the Weld County
Sheriff's Office and the Department of Planning Services staff.
The Fencing Plan shall contain all security issues related to the
ponds, ditch, and oil and gas areas defined on the plat.
5) All rights-of-way reservations shall be delineated on the plat.
6) A listing of all tract designation and type of trail construction in
each defined area.
7) Typical sections for internal and external roadways shall be
provided. The required right-of-way for internal and external
roadways shall be dedicated to the County.
8) The proposed public parking areas as defined in the open space/
school site location must be Americans with Disabilities Act (ADA)
compatible and meet the design criteria of Weld County
Departments of Public Works and Building Inspection.
Appropriate lighting shall be required and approved by the Weld
County Department of Planning Services.
9) At the intersection of Idaho Creek Parkway and Weld County
Road 7.5, the applicant shall place the appropriate conduit in the
pavement for the eventual construction of the pedestrian
crosswalk approved by the Department of Public Works.
10) The location and type of signs, including open class room shall be
placed on the plat. All signs shall adhere to Section 26-2-90 of
the Weld County Code.
11) The vicinity map of the site shall be defined to include the entire
site.
12) The reference to the rest station areas shall be relabled as
information areas.
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13) The certificate of approval shall be redrawn to show a signature
block for the Board of County Commissioners.
14) The following Utility Board conditions shall be placed on the plat:
a. The Rural Ditch shall be delineated with a thirty (30)foot
easement and identified on the Utility Plan.
b. All space with tracts A through K and M, shall be identified
on the Utility Plan.
c. The open space adjacent to Weld County Road 7.5 and
Lots 26 through 29, Block 2, shall be identified as a tract
and be used as a utility corridor.
2. Prior to Building Permits:
A. Proper building permits shall be obtained prior to any construction,
remodeling, demolition or excavation.
B. Building permits are required for any accessory buildings being
constructed or moved onto the property.
C. Separate building permits are required for all monument signs. Signs
shall adhere to Article IV, Division 2 of the Weld County Code and
Appendix 26-M of the Weld County Code as applicable. Engineering
may be required.
D. Engineered foundations are required for all primary residences and may
be required for accessory buildings. Engineered foundations shall be
based on a site-specific geotechnical report or an open hole inspection
performed by a Colorado licensed engineer. Any fill material shall
contain no rock or similar irreducible material with a maximum dimension
greater than 12 inches. All fills shall be compacted to a minimum of 90
percent of maximum density. Engineering reports shall be supplied for all
fill material.
E. All buildings or structures shall maintain distances from property lines and
adjacent buildings as outlined in Table 5-A of the 1997 Uniform Building
Code.
F. Development documents shall be supplied to the appropriate fire district
for its review.
G. Effective December 1, 1999, Building Permits issued on the proposed
subdivision will be required to adhere to the fee structure of the
Southwest Weld Road Impact Program Area 1 as stated in Chapter 20,
Article II of the Weld County Code).
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3. The Final Plat is conditional upon the following being placed on the Final Plat as
notes prior to recording:
A. Utility provisions shall be placed on the plat in accordance with those
utilities approved by the Utility Board and each utility provider.
B. The Bulk Requirements and setbacks as approved at the time of the
Change of Zone shall be delineated on the plat and shall apply to all
parcels in this subdivision.
C. As stated in Chapter 26 of the Weld County Code, the maximum lot
coverage shall not at any time exceed fifty percent (50%).
D. Setbacks to oil and gas facilities shall be 250 feet.
E. All construction or improvements occurring in the flood plain as
delineated on Federal Emergency Management Agency (FEMA)
Community Panel Map 080266 0850 C, dated September 28, 1982, shall
comply with the Flood Hazard Overlay District requirements of
Chapter 23 of the Weld County Code.
F. The site shall maintain compliance at all times with the requirements of
the Weld County Departments of Public Works, Public Health and
Environment, and Planning Services.
G. Educational facilities shall fall under the building and electrical
requirements of the State of Colorado.
H. Water service shall be provided by the Left Hand Water District and
sewer service provided by the Saint Vrain Sanitation District.
The applicant shall obtain a Storm Water Discharge Permit from the
Water Quality Control Division of the Colorado Department of Public
Health and Environment, if required. Slit fences shall be maintained on
the down gradient portion of the site during all parts of the construction
phase of the project.
J. During development of the site, all land disturbance shall be conducted
so that nuisance conditions are not created. If dust emissions create
nuisance conditions, at the request of the Weld County Health
Department, a Fugitive Dust Control Plan must be submitted.
K. In accordance with the Regulations of the Colorado Air Quality Control
Commission any development that disturbs more than five acres of land
must incorporate all available and practical methods which are technically
feasible and economically reasonable in order to minimize dust
emissions.
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L. If land development creates more than 25 acres of contiguous
disturbance, or exceeds six months in duration, the responsible party
shall prepare a Fugitive Dust Control Plan, submit an Air Pollution
Emissions Notice, and apply for a permit from the Colorado Department
of Public Health and Environment.
M. Weld County's "Right To Farm" statement, as it appears in the Weld
County Code, Appendix 22-E, shall be placed on the plat.
N. Fire apparatus roads must by designed and maintained to support the
imposed loads of fire apparatus (60,000 pounds) and must have a
surface that provides all-weather driving capabilities. Access roads shall
be maintained when building construction begins.
O. Street intersections must be marked with signs showing the street name
and address range when building construction begins. If non-standard
street signs are used, the Fire District respectfully requests to comment
with regard to sign visibility.
P. All intersections shall have Stop signs for two-way stop control and street
name signs.
Q. Landscaping within the intersection sight distance triangle shall be less
than 3.5 feet at maturity.
R. All outdoor storage shall be screened from public rights-of-way, and
adjacent properties.
S. All development shall adhere to all requirements of the Mountain View
Fire Protection District.
T. The maximum permissible noise level shall not exceed the residential
limit as measured according to Section 25-12-103, C.R.S.
U. All single-family residences shall have a legible address that is clearly
visible from the street fronting the property.
V. Effective December 1, 1999, Building Permits issued on the proposed
subdivision will be required to adhere to the fee structure of the
Southwest Weld Road Impact Program Area 1 as stated in Chapter 20,
Article II, of the Weld County Code.
W. Approval of this plan may create a vested property right pursuant to
Chapter 23, Article VIII, of the Weld County Code.
X. The applicant shall comply with Chapter 27, Article VIII.
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4. The Final Plat shall be submitted to the Department of Planning Services for
recording within 60 days of approval by the Board of County Commissioners.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of March, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
' ��3/4„
WELD CO TY, COLORADO
ATTEST: ' �'11 � ��"' J �l 1(C/
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Weld County Clerk to th= + ,4"�''`$ ��
c? 7 r. �Glenn Vaad, Pro-I em
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Deputy Clerk to the Boa4r$CA f aloe
illiam H. Jerke
IjPPROVL A ORM: n ( e, �•0
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CtAtt2rney
Robert D. asden
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